Published: Friday, December 7, 2012 at 1:00 a.m.

Last Modified: Thursday, December 6, 2012 at 8:51 p.m.

LONGBOAT KEY - Condominium owners at the long-vacant Colony Beach & Tennis Resort, after years of legal wrangling over repairs, are facing another battle -- this one over routine maintenance.

The maintenance quagmire, in which Town of Longboat Key officials complain the shuttered waterfront resort has failed to cut grass and other issues, represents the latest in a series of hurdles to reopening the once-famed resort that could take years to resolve.

Town manager David Bullock issued a notice to the Colony Beach & Tennis Club Association, the resort's homeowner's group, in late November, detailing issues with broken-in doors, overgrown lawns and shrubs, and pest control issues on the property.

Unit owners are responsible for maintaining the resort property while they develop a viable plan to reopen it, according to a resolution passed by the Town earlier this year.

If they fail to comply with Bullock's request, unit owners could face code enforcement fees -- or even risk losing a continuance that town officials granted in October that saved the property from losing its current zoning designation. Had the town rejected the continuance, 152 of the resort's 237 units would no longer be allowed.

"Some people at the neighboring properties have complained about the condition of the buildings there," said Robin Meyer, Longboat Key's planning, zoning and building director. "It is very clear what needs to be done. The property needs to be cleaned up."

Several Colony condos have been broken into, and their shattered glass remains. Bee hives have also been found, and flower beds and lawns have not been weeded or watered.

Earlier this year, Citizens Insurance and town officials cited structural and other problems.

But the homeowners' association insists that the lack of maintenance stems from a question of land ownership.

The association owns the resort's condominium buildings, but does not own a three-acre parcel that contains the resort's swimming pool and tennis courts. Those amenities, and the resort's restaurant, are owned by hotel developer Murray "Murf" Klauber.

"The association is taking the appropriate measures and going to great lengths to comply with the town," said Jeff Warren, a Tampa-based attorney that represents unit owners. "But within the Colony's 18 acres, the association does not own, or have rights to, control all of it."

The Colony opened in 1979 and was one of the region's most popular vacation destinations for decades. The once-popular resort -- named tops in the nation by U.S. Tennis magazine from 1996 to 2004 -- was closed in August 2010.

An unresolved dispute between unit owners and Klauber over millions of dollars in needed repairs ultimately caused the property to close.

Since then, both parties have been battling in court to determine who is responsible.

In September, a judge awarded nearly $25 million to a group led by Klauber. The ruling requires that unit owners pay $23 million -- or roughly $100,000 per unit -- and 6 percent interest to a Klauber-led partnership that includes unit owners over five years.

But the Colony's homeowners' association has appealed that U.S. Bankruptcy Court ruling, Warren said.

"The issue that remains is over money," Warren said. "No one is going to give up their rights to have a reasonable settlement, and that could take the next decade in court to settle."

<p><em>LONGBOAT KEY</em> - Condominium owners at the long-vacant Colony Beach & Tennis Resort, after years of legal wrangling over repairs, are facing another battle -- this one over routine maintenance.</p><p>The maintenance quagmire, in which Town of Longboat Key officials complain the shuttered waterfront resort has failed to cut grass and other issues, represents the latest in a series of hurdles to reopening the once-famed resort that could take years to resolve.</p><p>Town manager David Bullock issued a notice to the Colony Beach & Tennis Club Association, the resort's homeowner's group, in late November, detailing issues with broken-in doors, overgrown lawns and shrubs, and pest control issues on the property.</p><p>Unit owners are responsible for maintaining the resort property while they develop a viable plan to reopen it, according to a resolution passed by the Town earlier this year.</p><p>If they fail to comply with Bullock's request, unit owners could face code enforcement fees -- or even risk losing a continuance that town officials granted in October that saved the property from losing its current zoning designation. Had the town rejected the continuance, 152 of the resort's 237 units would no longer be allowed.</p><p>"Some people at the neighboring properties have complained about the condition of the buildings there," said Robin Meyer, Longboat Key's planning, zoning and building director. "It is very clear what needs to be done. The property needs to be cleaned up."</p><p>Several Colony condos have been broken into, and their shattered glass remains. Bee hives have also been found, and flower beds and lawns have not been weeded or watered.</p><p>Earlier this year, Citizens Insurance and town officials cited structural and other problems.</p><p>But the homeowners' association insists that the lack of maintenance stems from a question of land ownership.</p><p>The association owns the resort's condominium buildings, but does not own a three-acre parcel that contains the resort's swimming pool and tennis courts. Those amenities, and the resort's restaurant, are owned by hotel developer Murray "Murf" Klauber.</p><p>"The association is taking the appropriate measures and going to great lengths to comply with the town," said Jeff Warren, a Tampa-based attorney that represents unit owners. "But within the Colony's 18 acres, the association does not own, or have rights to, control all of it."</p><p>The Colony opened in 1979 and was one of the region's most popular vacation destinations for decades. The once-popular resort -- named tops in the nation by U.S. Tennis magazine from 1996 to 2004 -- was closed in August 2010.</p><p>An unresolved dispute between unit owners and Klauber over millions of dollars in needed repairs ultimately caused the property to close.</p><p>Since then, both parties have been battling in court to determine who is responsible.</p><p>In September, a judge awarded nearly $25 million to a group led by Klauber. The ruling requires that unit owners pay $23 million -- or roughly $100,000 per unit -- and 6 percent interest to a Klauber-led partnership that includes unit owners over five years.</p><p>But the Colony's homeowners' association has appealed that U.S. Bankruptcy Court ruling, Warren said.</p><p>"The issue that remains is over money," Warren said. "No one is going to give up their rights to have a reasonable settlement, and that could take the next decade in court to settle."</p><p><empty></p>